Khalili and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application by Mr Khalili to revoke the mandatory cancellation of his visa, which had been cancelled under subsection 501CA(4) of the *Migration Act 1958* (Cth) because he had a substantial criminal record and did not pass the character test. The Administrative Appeals Tribunal was required to determine whether there was another reason to revoke the mandatory cancellation.

The legal issues before the Tribunal were whether Mr Khalili had demonstrated that there was another reason to revoke the mandatory cancellation of his visa, considering the principles outlined in Direction No. 99. This involved assessing the seriousness of his past conduct, the risk to the Australian community of future offending, and any countervailing considerations.

The Tribunal considered Mr Khalili's difficult childhood, his struggles with trauma, alcohol, and drug use, and his subsequent offending, which included armed robbery and common assault. It also took into account statements from his family expressing support and acknowledging his efforts at rehabilitation. However, the Tribunal found that Mr Khalili had not demonstrated genuine remorse or contrition, noting his attempts to withdraw a plea and his tendency to minimise his criminality. Applying Direction No. 99, the Tribunal found Mr Khalili's offending to be very serious, involving violence against vulnerable victims, and that there would be a substantial risk of harm to the community should he reoffend. Despite acknowledging his long ties to Australia and family support, these factors were not considered sufficient to outweigh the seriousness of his conduct and the risk posed.

The Tribunal set aside the decision not to revoke the mandatory cancellation of Mr Khalili's visa.